Colorado Springs Criminal Law Blog

A man facing murder charges in Colorado may go free if the court finds his right to a speedy trial has been violated, according to local news channel KRDO. The defendant was arrested in September 2008 and charged with stabbing and killing a 38-year-old man outside a Pueblo bar. A year and a half later, his trial has still not begun.

Under Colorado law, setting a trial date is the prosecutor’s responsibility. The prosecutor has six months to bring a defendant to trial after the defendant enters his not-guilty plea. In this case, the first trial date was withdrawn after the court learned that an investigator for the public defender’s office had an inappropriate relationship with one of the prosecution’s witnesses in this case. For unknown reasons, a second trial date was never set.

The defendant and his current attorney are seeking to have the case dismissed because of the year and a half delay in bringing the defendant to trial. They state that the delay has violated the defendant’s right to a speedy trial under both the U.S. Constitution and the Colorado Constitution.

In the United States, when someone is charged with a crime, the U.S. Constitution and the state constitutions provide the accused with certain legal rights. When these rights, such as the right to a speedy trial, are violated, they undermine the accused person’s ability to receive a fair trial. Protecting your rights when you’ve been charged with a violent crime is the top priority of an experienced Colorado violent crime attorney. At The Bussey Law Firm P.C., our lawyers strive to make sure your rights are respected while seeking the best possible outcome in your case. If you have been accused of a crime in Colorado, please call The Bussey Law Firm P.C. today at 719-475-2555 for a free and confidential consultation.

The U.S. District Court for the District of Colorado struck down the federal Stolen Valor Act recently, holding that the law violates the First Amendment right to free speech and is therefore unconstitutional. The Stolen Valor Act, which was passed in 2005, made it a crime to falsely present oneself as having earned any kind of military decoration or medal.

In this case, known as U.S. v. Strandlof, the defendant was charged with having violated the Stolen Valor Act by having lied about receiving a Purple Heart and a Silver Star. The defendant argued that the criminal charges violated his First Amendment right to free speech. The government argued that the defendant’s lying about his military awards was not “political,” and therefore not the type of speech the First Amendment should protect.

The district court sided with the defendant, holding that the Stolen Valor Act does violate the First Amendment and that the government should not be allowed to dictate what does and does not count as protected speech.

Lying about one’s military honors may be uncouth, but this court held that protecting free speech is more important than charging alleged liars with crimes. If you have been charged with a crime in Colorado, you also have a number of Constitutional rights. To ensure your rights are fully protected, contact a skilled Colorado Springs criminal defense lawyer as soon as possible. The experienced criminal defense attorneys at The Bussey Law Firm P.C. will fight to protect your Constitutional rights in a court of law and earn a favorable verdict. Schedule a free and confidential case evaluation with The Bussey Law Firm P.C. today by calling 719-475-2555.

The American Civil Liberties Union has asked the Federal Bureau of Investigation to reveal records relating to the FBI’s use of race and ethnicity data in its criminal investigations, according to PR Newswire. The request covers FBI field offices in 29 states, including Colorado. The ACLU’s position is that this data could be used by the FBI or by local law enforcement officers for unconstitutional racial profiling.

The FBI has recently begun exercising its power to collect race and ethnicity data in order to help the agency better understand various localities in the U.S. The FBI has been collecting race and ethnicity data since 2009, but very little is known about the procedures the FBI uses to collect the data or what the agency does with it once they have it.

The ACLU sees the data collection as “a race-based domestic intelligence program with…troubling implications for civil rights,” according to ACLU staff attorney Melissa Goodman. One major concern is that the FBI or other law enforcement agencies will step up patrols and even arrests in areas high in racial and/or ethnic minorities with no evidence that crime is actually higher in these areas. This puts an unfair burden on racial and ethnic communities and also wastes law enforcement resources, which are best used when targeted specifically to areas experiencing high crime in Colorado and nationwide.

Unfortunately, racial profiling is a real concern for minorities throughout the United States. If you have been arrested for or charged with a crime, please contact an experienced Colorado criminal defense attorney. The criminal defense lawyers at The Bussey Law Firm P.C. will help you discover if racial profiling or other law enforcement misconduct played a role in your case, and will fight to protect your Constitutional rights while seeking the best possible outcome for your case. Call The Bussey Law Firm P.C. today at 719-475-2555 to schedule a free and confidential consultation.

A footprint made in blood and depicting a K-Swiss running shoe led police to arrest a slain man’s roommate recently, according to an article in the Colorado Springs Gazette. The roommate has been charged with first-degree murder in Colorado Springs for allegedly stabbing the victim to death.

The accused man was arrested two days after the murder. He told police that he had only knocked on the apartment door the day the victim was found dead. He said he did not go inside, did not know the victim, and did not live at the apartment. However, the victim’s other roommate, who found the body, said that he and the victim shared the apartment with the accused man.

Other eyewitnesses have also come forward. One woman said she saw the accused carrying two duffel bags and walking quickly away from the apartment building several hours before the victim’s body was discovered. While investigating, law enforcement officials found a shoe print on a bed sheet used to cover the victim’s body. Police have yet to find the knife they say was used to kill the victim.

Continue reading "Bloody Shoe Print Leads Police to Accuse Roommate of Murder in Colorado Springs" »

The Colorado Supreme Court recently ruled that Colorado Springs police should have warned a child pornography suspect that he had the right to remain silent and the right to an attorney before they questioned him according to an article in The Gazette.

In the case of People v. Holt, the court stated that Holt should have been read his Miranda rights before police questioned him. In Holt's case, the police arrived at his home one night and entered the house with their guns drawn. They removed Holt from the home, handcuffed him, and placed him in the back of a patrol car, where they interrogated him for about 25 minutes until Holt admitted his computer contained images of child pornography.

During Holt's trial, the trial judge ruled that Holt's statements in the back of the police cruiser were inadmissible because the police officers’ failure to read Holt his rights violated Holt's Fifth Amendment right not to incriminate himself. In the landmark case of Miranda v. Arizona, the U.S. Supreme Court ruled that criminal suspects have a right to remain silent and to consult an attorney if they are in the custody of law enforcement and are being interrogated.

Continue reading "Colorado Supreme Court Holds Police Should Have Warned Suspect" »

Jury selection began recently in the trial of a self-professed white supremacist charged with shooting a woman in the parking lot of a Colorado Springs apartment complex during a bungled robbery according to The Gazette. The victim was sitting in her vehicle when a bullet shattered the rear window and hit her below the shoulder. She died at Memorial Hospital.

According to the police officer who testified at the preliminary hearing, the defendant's alleged partner told police that the defendant had told him to pull into the parking lot and alongside the SUV, where the defendant allegedly asked the victim for directions. As they pulled away, the defendant's partner claims the defendant pulled out a gun and shot once into the SUV, killing the victim.

The officer also testified that the defendant's alleged partner described the defendant as a prospective member of the American Nazi party and that the defendant has a number of tattoos depicting white supremacist symbols, including a swastika. The shooting occurred on the same night as a gathering of other American Nazi party members, but the officer did not say whether the two were related.

The defendant's alleged partner pled guilty to aggravated robbery and being an accessory to a crime, which are criminal charges in Colorado, about one week before the trial began. He will be sentenced after the defendant's trial and faces 20 to 34 years in prison for the offense. The plea agreement allows for the defendant's alleged partner to serve his sentence in another state for his own protection.

Facing trial on a criminal charge is a harrowing experience. If you've been charged with a crime, don't hesitate to contact the experienced Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C. Our attorneys will examine the details of your case and fight to win you the best possible outcome. Call us today at 719-475-2555 for a free and confidential consultation.

The Colorado Springs Gazette reported recently that the City Council is considering an ordinance allowing the use of video cameras to detect motorists who run red lights. The cameras would be installed this summer. After a brief warning period, scheduled to end in October, the police department would issue citations to motorists who are clearly caught on camera running a red light.

The council is expected to give its final approval to the plan by June 22. If the ordinance is approved, police plan to install cameras at four Colorado Springs intersections. Cameras will be installed on Northbound Nevada Avenue at Bijou Street; on Eastbound Oro Blanco Drive at Barnes Road; and on Westbound Platte Avenue at Murray Boulevard and at Circle Drive. These four intersections are among the fifteen city intersections with the highest number of right-angle crashes.

Police plan for the video cameras to increase safety by decreasing the number of crashes at these intersections. The police department expects to issue about 5,000 citations per month based on the video camera information. Each video will be reviewed by a police officer before a citation is mailed, and people who receive citations will be able to view the video online before they decide whether or not to challenge the citation. The fine for running a red light is $75.

Traffic violations in Colorado Springs can come with heavy penalties, and repeated violations may result in the suspension of your driver's license. If you or someone you know is facing traffic violation charges either for habitual traffic offenses, driving under suspension, speeding, or reckless driving, the skilled Colorado Springs traffic violation attorneys at The Bussey Law Firm, P.C. can help. Please don't hesitate to call us today at 719-475-2555 for a free and confidential case evaluation.

On June 1, based on a U.S. Supreme Court Media report, the U.S. Supreme Court released its ruling in Berghuis v. Thompkins. The ruling states that criminal suspects who want to exercise the “right to remain silent” promised to them by Miranda v. Arizona, must speak up and clearly inform the police of their intention to stay silent. Merely staying silent through a long questioning session is not enough for the right to stick.

The case involved a defendant, Thompkins, who was arrested for allegedly shooting another person. Police informed him of his right to remain silent, and then questioned him for nearly three hours. During these three hours, Thompkins said nothing. Only at the end of the three hours, when the police asked Thompkins whether he prayed that God would forgive him “for shooting that boy,” did Thompkins whisper, “Yes.” This answer was used against him at trial.

For many years, the Supreme Court's decision in Miranda v. Arizona stated that police could not assume suspects had given up their right to remain silent unless the suspect made it clear he or she wanted to talk. In Berghuis, however, the Supreme Court held that police could assume suspects had given up their right to remain silent unless the suspect stated clearly that he or she wanted to keep silent.

In dissent, Justice Sotomayor said, “Today’s decision turns Miranda upside down. Criminal suspects must now unambiguously invoke their right to remain silent—which, counterintuitively, requires them to speak.”

Being accused of a crime can be an overwhelming process in which an arrested individual may not be fully aware of his or her legal rights. If you've been arrested or charged with a crime in Colorado, contact an experienced Colorado defense attorney as soon as possible. A Colorado Springs criminal defense lawyer will make sure your rights are fully protected and fight to win you the best possible outcome. Contact aggressive and skilled attorney, Timothy Bussey, today at The Bussey Law Firm, P.C. Call 719-475-2555 for a free and confidential consultation and to learn more about your legal rights.

A Green Mountain Falls man plead guilty recently to growing 374 marijuana plants at his motorcycle repair shop, according to a recent article in the Colorado Springs Gazette.

Police began investigating the man's repair shop after a neighbor reported seeing several electricians visit the shop on various occasions, as well as an odor of unburnt marijuana coming from the building. While investigating, police also discovered the building's owner had told his neighbor that he wouldn't be “busted” for growing fewer than 100 plants. The building's owner had also offered to install air filters in his building, which cut down on the marijuana scent.

Police then obtained the building's electricity-use records and discovered that the building used five times the amount of electricity used by similar repair shops in the area. Electricity-use records for the man's home showed that his home used four times the amount of electricity used by other neighborhood homes.

In Colorado, the mandatory minimum sentence for having more than 100 plants is five years. However, the defendant in this case qualifies for a lighter sentence under the federal sentencing guidelines' “safety valve” exception, which allows for lighter sentences for nonviolent first-time offenders who cooperate with police. Lighter penalties also apply to growers with fewer than 100 plants.

If you or someone you know is facing a marijuana drug charge in Colorado, please don't hesitate to contact a skilled Colorado Springs marijuana possession defense attorney. A drug crime conviction carries heavy fines and possible jail time. The experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. have extensive experience defending those charged with drug crimes, including marijuana offenses. We will work hard to obtain the best outcome possible for your case. Call us today at 719-475-2555 for a free and confidential consultation.

Even if a person doesn’t know the specific name of their rights, most Americans are familiar with their Miranda rights. Television shows frequently depict police reading a suspect these familiar rights, which begin “you have the right to remain silent....”

The Miranda rights are named after the U.S Supreme Court case Miranda v. Arizona, in which the Supreme Court ruled that police who take a suspect into custody and plan to interrogate him or her must inform that suspect of certain specific rights. The Miranda rights are:

1. The right to remain silent. As a criminal suspect, you have the right not to say anything or answer any police questions. The police must also warn you that, if you choose to talk to the police, whatever you say may be used against you in court.


2. The right to an attorney. You have the right to have an attorney present at any police questioning, and you have the right to receive advice from that attorney and to act on it. Also, the police have to inform you that if you can't afford an attorney, you have the right to be provided one free of charge during police questioning.

After reading you these rights, a police officer will often ask if you understood them. The officer may also ask you to sign a sheet of paper stating that you agree to waive, or give up, your rights. Never sign a paper that states you have agreed to waive your Miranda rights. Waiving your rights means anything you say can be used against you in court, without a legal challenge.

If you've been arrested or charged with a crime in Colorado, contact a skilled Colorado defense attorney as soon as possible. An attorney can help you receive full legal protection while seeking the best possible outcome of your case. The experienced criminal defense lawyers at The Bussey Law Firm, P.C. in Colorado are ready to help. Call today at 719-475-2555 for a free and confidential consultation.

The number of most serious crimes dropped off significantly in Colorado Springs in 2009, says a report in The Gazette. However, the number of reported sexual assaults increased by 2 percent. However, this was a smaller increase than in previous years. In 2007, sexual assaults rose 11 percent and Colorado sexual assaults rose 17 percent in 2008. This smaller increase may be because sex crimes are now handled by separate units within the police department.

Overall crime in Colorado Springs declined nearly 8 percent from the previous year. The largest drop was a 37 percent decline in murders, with 24 murders in 2008 and 15 murders in 2009. There were also decreases in other types of Colorado Springs crimes: thefts, burglaries, aggravated assaults, and motor vehicle thefts. Identity thefts, scams and forgeries also dropped, possibly in part because many law enforcement agencies increased their warnings to citizens to be careful in guarding personal information and to be wary of scams.

The percentage of crimes solved in Colorado Springs went up, from 25 percent to 26 percent. In addition, police fielded fewer calls (only 300,000 versus 292,000 in 2008) and issued fewer traffic tickets in 2009 than in 2008.

If you have been charged with a crime in Colorado, you may face very serious consequences if convicted. While being arrested for a criminal offense can be an overwhelming and even a confusing experience, an experienced Colorado Springs criminal defense attorney can help you understand your legal rights, making sure those rights are defended. Defense attorney Timothy Bussey has significant experience defending individuals charged with a variety of crimes in Colorado. His team will put together an aggressive defense to ensure that your rights are being protected. Contact us today for a free consultation by calling 719-475-2555.

A local convenience store clerk stopped two would-be robbers recently, according to the Colorado Springs Gazette. Instead of handing over the store's money as ordered, the clerk grabbed the large stick carried by one of the two suspects. Surprised, the pair fled the convenience store without taking anything or harming the clerk.

The suspected robbers, both freshmen at the University of Colorado at Colorado Springs, were arrested after an officer pulled their vehicle over for weaving between lanes on Nevada Road. The convenience store clerk identified them as the men she had chased out of the convenience store. Both men are being held on charges for attempted aggravated robbery and conspiracy, both of which are felonies in Colorado. They have also been banned from the University of Colorado at Colorado Springs campus, pending a decision by the university administrators on whether they should be suspended.

Being accused of a Colorado crime, especially one that is a felony, can result in life-altering consequences, even if a person is not convicted for the offense. If you or a loved one has been accused of theft or conspiracy in Colorado, an experienced Colorado Springs theft defense attorney can help guide you through the confusing and often intimidating legal process.

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